Colorado booster seat laws require children ages 4 through 8 who weigh at least 40 pounds to ride in a booster seat or a forward-facing car seat with a harness, and children must stay in a booster or other child restraint until their ninth birthday. That age threshold moved up from 8 to 9 on January 1, 2025, when HB24-1055 took effect. Enforcement is primary, so an officer can pull you over for the restraint violation alone.
When a Booster Seat Is Required
The booster stage sits inside a larger set of rules under C.R.S. § 42-4-236 that cover every child from birth through age 17. For booster-age kids, the law works like this:1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions
- Ages 4 through 8, under 40 pounds: rear-facing or forward-facing car seat.
- Ages 4 through 8, 40 pounds or heavier: forward-facing car seat with a harness, or a booster seat.
- Ages 9 through 17: booster seat or a properly worn seat belt.
Most children transition into a booster when they outgrow the height or weight limits of their harnessed forward-facing seat. Those limits usually fall somewhere between 40 and 65 pounds depending on the model. Once a child passes those limits and is at least four, Colorado law requires a booster or equivalent restraint until age nine.
Where the Booster Has to Go
Children ages 4 through 8 in a booster must ride in the rear seat if the vehicle has one.1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions This isn’t a recommendation. It’s part of the statute.
If the vehicle has no rear seat, such as a single-row pickup, a booster-age child can ride up front. In that case, slide the front seat as far back from the dashboard as it goes. Passenger-side airbags can seriously injure small children when they deploy, and the extra distance helps. If the vehicle has a manual airbag cutoff for the passenger seat, turn it off whenever a child in a car seat or booster is riding there.2National Highway Traffic Safety Administration. Federal Motor Vehicle Safety Standards – Occupant Crash Protection
When Your Child Can Stop Using a Booster
Colorado lets a child use a regular seat belt starting at age nine. Age alone doesn’t guarantee the belt actually fits, though. The shoulder belt should sit across the middle of the chest and shoulder, never the neck or face, and the lap belt should rest flat on the upper thighs rather than ride up on the stomach.3Colorado Department of Transportation. Colorado Child Passenger Safety Law
Safety experts use a five-step fit test to decide whether a child is really ready for a seat belt alone:
- The child’s back sits flat against the vehicle seat back.
- The knees bend naturally at the edge of the seat.
- The feet rest flat on the floor.
- The shoulder belt crosses the center of the chest and shoulder.
- The lap belt sits low across the hips, not the stomach.
The child also has to hold that position for the whole ride without slouching or tucking the belt behind an arm. Many kids don’t pass every step until they’re close to 4 feet 9 inches, which commonly happens between ages 10 and 12. If your nine-year-old can’t check every box, keeping them in a booster is the safer call even though the law would let you stop.
Using the Booster Correctly
Colorado requires every child restraint to be used according to the manufacturer’s instructions.1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions Virtually every belt-positioning booster on the market needs both a lap belt and a shoulder belt. The point of a booster is to raise the child so the vehicle’s belt lies across strong skeletal points instead of soft tissue at the neck and belly. A lap-only belt can’t do that.
Before buckling a booster into any seating position, check that the spot has a three-point belt. Some center-rear positions in older vehicles only have a lap belt, which makes them unsuitable for a booster. Move the booster to a seat with the full lap-and-shoulder setup.
Tickets, Fines, and the Fix-It Option
A child restraint violation is a Class B traffic infraction. The fine is $65 plus a $6 surcharge, with additional court costs possible depending on the jurisdiction.4Colorado General Assembly. Child Restraint Requirements No points land on your license, but the citation shows up on your driving record.
Because the law is primary enforcement, an officer can pull you over just for seeing an improperly restrained child. No other violation required.5Colorado Department of Transportation. First Click It or Ticket Enforcement Period of the Year Begins Today That’s different from Colorado’s adult seat belt law, which is secondary.
The statute does give you one way out. A judge may waive the fine if you show up to court with proof that you’ve since purchased, acquired, or rented a proper child restraint.1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions
Exemptions
A handful of narrow situations are carved out of the restraint rule.1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions A child under nine being transported for a medical or life-threatening emergency is exempt if no restraint is available at the time. Children in vehicles operated for compensation or hire, including taxis, contract carriers, and luxury limousines, are also exempt. A separate provision covers commercial vehicles operated by child care centers.
Rideshare
The for-hire exemption clearly covers traditional taxis and limos. The statute doesn’t name Uber, Lyft, or similar services, but the Colorado State Patrol has treated rideshare vehicles as for-hire transportation, so they are practically exempt. Being exempt from the ticket isn’t the same as being safe, though. If you use rideshare regularly with young children, bringing your own booster is the only way to make sure they’re properly protected.
Who Gets the Ticket
If a parent is in the vehicle, the parent is responsible for making sure the child is properly restrained. When no parent is present, responsibility shifts to whoever is driving.1Justia. Colorado Code 42-4-236 – Child Restraint Systems Required – Definitions – Exemptions Grandparents, carpool drivers, and babysitters all count. If you’re behind the wheel and a child in your car isn’t in the right seat, the ticket is yours even if the child’s parent told you not to worry about the booster.